The packaging imitation of "xingaizhonggai" was found to be infringing. Three companies compensated Harbin Pharmaceutical Co., Ltd. for 500000 yuan.
the sixth pharmaceutical factory of Harbin Pharmaceutical Group spent a lot of money to establish the brand of xingaizhonggai. The environmental protection supervision efforts of Beijing, Shanghai and Luoyang biopharmaceutical companies have been continuously upgraded. In order to save advertising costs, the company uses a package very similar to the sensor, fixture and accessories of different tonnage that can be added as needed to realize the multi-purpose new cover of one machine, and sells its own high calcium tablets. Recently, the sixth pharmaceutical factory of Harbin Pharmaceutical Group took the three biological companies to court. The Harbin intermediate people's court finally ruled that the three biological companies constituted unfair competition and assumed infringement. It is understood that at the end of 2005, the sixth pharmaceutical factory of Harbin Pharmaceutical Group found that the packaging of high calcium tablets produced by three biopharmaceutical companies in Beijing, Shanghai and Luoyang was very similar to the packaging of their own high calcium tablets of xingai zhonggai brand. Many consumers were confused when buying, and recognized the high calcium tablets produced by these three companies as the products of the sixth pharmaceutical factory of Harbin Pharmaceutical Group. After investigation and evidence collection, Harbin Pharmaceutical No. 6 factory sued the three pharmaceutical companies and dealers, Mr. Zheng, to the Harbin intermediate people's court, requiring the defendant to immediately stop the production and sale of high calcium tablet packaging boxes and bottle labels similar to the packaging and decoration of high calcium tablets of xingai zhonggai brand
after the trial, the court found that the xingai zhonggai high calcium tablets of Harbin Pharmaceutical No. 6 plant have a high popularity in the market, are known by the relevant public, are well-known commodities, and are protected by law. The overall design, composition, color combination, font and overall effect of the package accused of infringement are the same or similar to the packaging of xingai zhonggai high calcium tablets of Harbin Pharmaceutical No. 6 factory, both in main parts and overall effect, which is enough to cause confusion and misunderstanding. The defendant has constituted unfair competition and should bear corresponding civil liabilities. According to this judgment, the three defendants immediately stopped using and destroyed the high calcium tablet packaging that infringed the unique packaging of the famous commodity xingai zhonggai brand high calcium tablets of the sixth pharmaceutical factory of the plaintiff Harbin Pharmaceutical Group; Compensate the plaintiff Harbin Pharmaceutical Group Pharmaceutical Factory 6 for the economic loss of 500000 yuan; Zheng, the dealer, immediately stopped selling the infringing high calcium tablets produced by the three defendants; Other claims of the plaintiff Harbin Pharmaceutical Group Pharmaceutical No. 6 factory were rejected
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